The Handy Ebay Terms & Conditions 2020/21
Welcome to The Handy. The Ebay web shop is our manufactures online shop and is handled in the UK by our largest distributor Handy Distribution who are the official UK Distributor for The Handy branded range of garden machinery.
The following terms and conditions apply to your use of our web shop. By using our web shop and/or by placing an order with us you agree to be bound by our terms and conditions as set out below.
1. Orders
1.1 Orders placed by you, the buyer, are subject to these terms and conditions. All other terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law. Nothing in these terms and conditions is intended to limit your statutory consumer rights.
2. Payment
2.1 Payment must be made in full before your order is processed. Once we receive payment we will confirm your order will be confirmed. Acceptance of your order and completion of the contract between you and us takes place on the dispatch (i.e. sending) of the goods ordered.
3. Prices
3.1 Prices are as set out on our “The Handy” Web Shop. These prices include UK Value Added Tax at the prevailing rate.
4. Delivery charges
4.1 Delivery of goods is free within mainland England, Scotland and Wales unless otherwise stated within the details of a specific product.
5. Cancellation and Returns Policy
5.1 The Cancellation and Returns Policy applies when there is no fault with the goods you have ordered. If there is a fault, please see section 8, “Defective Goods”, instead. The intent of our Cancellation and Returns Policy is to be legal, fair and equitable for you, us, our suppliers and other Customers; we aim to treat you as we ourselves would expect to be treated.
5.2 Right for you to cancel your contract.
We do not normally accept the return of used goods unless faulty. However there are some products and some circumstances in which we may be able to accept for return a used but undamaged product. These are on a case by case basis, are not guaranteed, are to be considered a goodwill gesture and can only be agreed by the Directors of Handy Distribution. Charges may apply to cover the costs of returning items to resaleable condition.
If the item you wish to return is faulty please refer to 8, “Defective Goods”.
If the goods you wish to return have not been used, you may cancel your contract with us for the goods you ordered at any time from the time you order the goods up to the end of the fourteenth day from the date you receive the ordered goods.
5.3 All goods should be returned unopened in their original packaging. Where packaging has been opened, damaged or discarded, we may need to charge a fee that will depend upon the state of the goods and packaging.
5.4 To cancel your contract you must notify us in writing or by e-mail. If you notify us in writing then it must be by registered post to our address at: Handy Distribution, Dorcan Industrial Estate, Murdock Road, Swindon, Wilts SN3 5HY. If you notify us by the contact form on eBay we will reply confirming receipt of the email within one working day.
5.5 If you cancel your order before the item has been dispatched then we will be able to give you a full refund for your order. Please be aware that orders are processed automatically and, as we offer a next working day service, they are dispatched quickly.
5.6 If you cancel your order after it has been dispatched then the item will need to be returned. Please be aware that if you refuse delivery of an item, the cost of the return carriage will be deducted from your refund. If you refuse an item because it is damaged then please see section 8, “Defective Goods”, instead.
5.7 We will normally be able to arrange collection of your goods for return. We will charge you a fee for collection. If you wish to arrange the return yourself, you must use a secure courier who provides us with full traceability – DHL or UPS are examples of such companies – and you must contact us for returns information before sending.
5.8 Cancelled and returned items will be re-credited as soon as possible after the goods, if dispatched, have been returned and inspected. As set out above, for returned items we reserve the right to deduct the cost of return carriage and a fee, that depends on the state of the returned goods and packaging, from the amount we re-credit to you.
6. Cancellation by us
6.1 We reserve the right to cancel your order if there is insufficient stock; or we do not deliver the goods you have ordered to your area; or the pricing was incorrect.
6.2 If we cancel your order, we will notify you by e-mail and will credit you as soon as possible.
7. Delivery of goods to you
7.1 Delivery of the goods you ordered will be made to the delivery address you give us at the time of your order.
7.2 Delivery will be made as soon as possible following your order.
7.3 Ownership of the goods passes to you on delivery. After that we have no further liability for loss, theft or destruction of the goods.
7.4 Please see our full delivery policy here.
8. Errors in delivery; damaged, defective or incorrect goods
8.1 If any goods delivered are not what was ordered, or are damaged, or defective, or incorrect quantities, you need to inform us within 14 days of delivery. We will look to take one or more of the following actions:
• Make good any errors in delivery; or
• Repair or replace any goods that are damaged or defective; or
• Adjust the delivered quantity to the original order; or
• Provide you with a full or partial refund
8.2 If goods develop a fault more than 30 days after delivery then normally you will be referred to your local warranty repair agent, but there are several other ways that this may be dealt with depending on the circumstances. Please contact us for Warranty, Repairs and Replacement information.
8.3 If you do not receive goods within 30 days of ordering, you must notify us within 40 days of the original order date. If we are not notified within 40 days we have no liability in respect to any lost items.
8.4 Except as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) however so caused and we have no liability to pay compensation beyond the refund of the purchase price of the goods.
9. Web shop
9.1 We aim to ensure that the information available on our web shop is accurate. However, we will not be held liable for any errors or omissions. We will use all reasonable care to correct any errors or omissions as quickly as practicable after being notified.
9.2 All drawings, descriptive matter and specifications of the goods on our web shop are for the sole purpose of giving an approximate description of the goods and will not form part of the contract for the purchase of the goods.
9.3 We may also change, suspend or discontinue any aspect of our web shop, including the availability of any goods featured, information, database or content or restrict access to parts or all of the web shop without notice or liability.
10. Notices
10.1 Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be sent via eBay.
10.2 All notices from us to you will be via the email, telephone and/or postal address details you provide to us. Public notices are displayed on our website from time to time.
11. Events beyond our control
11.1 We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
12. Invalidity
12.1 If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
13. Privacy
13.1 We strictly adhere to the Data Protection Act. All third-party requests must be made under that Act.
14. Third party rights
14.1 A person who is not a party to this agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
15. Governing law
15.1 The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
16. Entire agreement
16.1 These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
